Debt Recovery Services 1 February 2013 to 31 January 2017

Transcription

1 Contract No. CUA DRS2013A Document No: Last Updated: 03 May 2016 Debt Recovery Services 1 February 2013 to 31 January 2017 About the Contract How do I use this Contract? What s on Offer? Who are the Contractors? Need more Information?

2 ABOUT THE CONTRACT Buyers Guide Debt Recovery Services CUA DRS2013A Contract Number CUADRS2013A Contract Term 1 February 2013 to 31 January 2017 Status Categories Key Features and Benefits Mandatory for government agencies within the Perth metropolitan area. Australian and Overseas Debt (3 Contractors) Debt Recovery Services are provided by Debt Collection Agents who use their extensive knowledge of the debt recovery process to recover unpaid accounts. The services may include letters, phone calls, skip tracing to track down the debtors, field visits to make face-to-face contact with debtors and legal action. Access to services of suitably qualified service providers for the provision of debt recovery and related debt management administration function services. Services are provided to recover both Australian and overseas debts. Choice and flexibility select any Contractor that meets your needs from the panel by using the Pick and Buy order form. Payments and fees: Commission is payable based on a No success no fee model. Other costs such as closure fees and field calls are payable where required. Contract Manager A dedicated Contract Manager is available to help you to understand and get the most out of this contract. If you have any queries about this contract or this publication, please contact: Joanne Morup Procurement Officer Tel: (08) Fax: (08) joanne.morup@finance.wa.gov.au Supporting Documents Government Procurement Department of Finance Level 4, Optima Centre 16 Parkland Road OSBORNE PARK WA 6017 Postal Address: Government Procurement Department of Finance Locked Bag 11, Cloisters Square PERTH WA 6850 The following contract documents and other relevant information can be sourced from Contracts WA Pick and Buy Order Form Exemption Guidelines Department of Finance Page 2

3 HOW DO I USE THIS CONTRACT? CUA DRS2013A for Debt Recovery Services is MANDATORY for all Western Australian public authorities in the Perth region. Step 1 What s on Offer? Click here to choose which products best meet your needs. Step 2 Who are the Contractors? Click here for a list of the qualified contractors. Step 3 How much will it cost Use the Price Schedule to compare prices and services before deciding on which Contractor to buy from. Debt Recovery fees are found in Appendix 1 Pick and Buy Order form is found in Appendix 3 Step 4 Buy it! Buy directly from Contractors or buy online using the Government s ERP system. Department of Finance Page 3

4 WHAT S ON OFFER? Buyers Guide Debt Recovery Services CUA DRS2013A Australian and Overseas Debts Vacated Housing Debts Debts arising from vacated housing such as Department of Housing rentals. Housing Bond Assistance Debts Debts arising from housing bond assistance provided by the Department of Housing. Student Debts Debts incurred by students. Hospital Patient Debts Debts incurred by hospital patients. General Debts Other debt categories that may not covered by the above. Department of Finance Page 4

5 WHO ARE THE CONTRACTORS? The matrix below lists all Contractors on the CUA and the services they have been contracted to provide. Please refer to the previous section What s on Offer? for categories. Contractor Baycorp (Aust) Pty Limited Insight Mercantile Pty Ltd National Credit Management Ltd Australian and Overseas Debts Please note that The ARMS Global Group Pty Ltd is being liquidated and the administrators, Cor Cordis have confirmed that the company has now ceased trading. Their contact details are: Radek Kolman / Nicholas Lavan (02) nlavan@corcordis.com.au For further information please contact the CUA Contract Manager, Joanne Morup at joanne.morup@finance.wa.gov.au or Department of Finance

6 Insight Mercantile Pty Ltd Pauline Marks T: (08) F: (08) E: Website: Postal Address: PO Box 111, Northbridge WA 6865 ABN No: Orders Via: or fax using Pick and Buy Order form Hours: 7.30am to 5.00pm Insight will provide free in-house training relating to ASIC and ACCC guidelines for Debt Recovery on request (1 Weeks Booking Notice Required). This will provide a detailed breakdown of the required elements of these legislations and the importance of adherence in the Collections Industry. Insight will facilitate all training for online client facilities free of charge and can be booked at times convenient for both parties. Department of Finance Page 6

7 National Credit Management Ltd ABN: Australian and Overseas Debts Rob Webster T: (08) M: E: Nicholas Perrett T: (08) M: F: (08) E: Website: Postal Address: PO Box 564, West Perth, WA, 6872 Street Address: 45 Ventnor Avenue, West Perth WA 6005 Orders Via: or fax using Pick and Buy Order form Hours: 8.30am to 8.00pm Monday to Friday NCML provides free in-house information seminars and professional development training including ASIC and ACCC guideline training, Receivables Management Strategy training and Collection technique workshop training on request. NCML Client interface training and other training will be provided dependant on need and demand free of charge. Department of Finance Page 7

8 Baycorp (Aust) Pty Limited ABN No: Australian and Overseas Debts Chris Bond T: (08) F: (08) E: Website: Postal Address: 02/110 Erindale Road Balcatta WA 6914 Orders Via: or fax using Pick and Buy Order form Hours: 7.30am to 6.00pm Monday to Friday Free training for customer staff associated with legislation relating to Magistrates reform in May 2005 and the ASIC and ACCC Guidelines for Debt Recovery Oct Training can be supplied on demand at Baycorp s training rooms as required (sitting in with new employees or dedicated training sessions). On-site training can be supplied on annual basis. Remote online based materials can be provided on 24-hour basis. Department of Finance Page 8

9 Buying Direct Prices for this CUA are fixed so buyers can pick and buy the specified products from the Contractors without calling quotes or tenders. Buyers should view the Price Schedule to obtain prices for the items they require. Where more than one contractor is appointed to a category or sub category, buyers can evaluate which contractor represents best value for money for their needs, then contact the contractor to make their purchase. Orders should be placed directly with contractors by phone, or fax. Buyers should check each individual contractor s details as to which communication method is preferred for placing orders. An outline of these communication methods is provided for each Contractor from page 7. If you are using a Contractor for the first time, you will probably need to establish a new account. The requirement to submit procurement plans, evaluation reports, contract management plans and variations to State Tenders Review Committee does not apply to this CUA. Agencies are not required to publish contract details on Tenders WA where the contract value is $50,000 or above, or is varied by $50,000 or more. Pricing Firm prices have been agreed with Contractors for debt recovery services. Public Authorities do not need to issue quotes to panel members when purchasing services from this contract. Payment for services purchased on this CUA can be made either by Purchasing Card, cheque or Electronic Funds Transfer (EFT) within 30 days of receipt of an invoice from the Contractor unless a fee is disputed. No early settlement discounts are offered by the panel Contractors. The relevant fees and commissions associated with the recovery of outstanding debts will be billed separately to the Customer, i.e. they are not off-set against the amount recovered. Payment by Purchasing Card The Government Purchasing Card offers a quick and convenient method of payment allowing many goods and services to be efficiently purchased. Always remember to inform the supplier that you will be paying by Government Purchasing Card, at the time of ordering the product or service, and ensure they clearly understand that they must send the tax invoice directly to you, the cardholder. OTHER COSTS Field Calls If authorised, the cost of a field call will be payable: Regardless of whether the field call service is successful in locating the debtor; and Regardless of whether the debt is later found to be unrecoverable. Skip Tracing If authorised, the cost of a skip tracing (where listed as an additional cost) will be payable: regardless of whether the skip tracing service is successful in retrieving the debtor s contact details; and regardless of whether the debt is later found to be unrecoverable. Department of Finance Page 9

10 Legal Action All legal action should occur only with the express authorisation of the Public Authority. Please ensure that you have read the Specifications, Terms and Conditions (available from ContractsWA before considering taking legal action. The Contract Manager and CUA DRS2013A Contractors are also available to provide advice on this matter. Where a Public Authority wishes to pursue legal action against the recommendation of the Contractor: the Public Authority will be required to pay all the associated legal costs (but the CUA DRS2013A Contractor will provide an estimate to the Public Authority of these costs and itemises these in its invoice(s)). if a debt recovery assignment proceeds to legal action after Public Authority approval or decision, and the assignment is subsequently withdrawn at the Public Authority's request, then the Contractor may recover the expended legal costs from the Public Authority and may also charge a closure fee (see below). Contractor recommended legal action: For all Contractors, except for National Credit Management Limited (NCML), if legal action is recommended by the Contractor: The Contractor will bear the costs of the legal action. The Contractor may attempt to recover these costs from the debtor, however if these attempts are unsuccessful or not allowed by law, then it is the Contractor s responsibility to bear the costs. NCML s offer states that the Public Authority will be responsible for paying all legal costs regardless of who recommended legal action and irrespective of whether legal action is successful. Closure fee A closure fee may be payable: If following a Public Authority s management decision, a Public Authority decides to defer repayment by a debtor who is not on a current repayment arrangement; and If after Public Authority approval, the debt recovery assignment proceeds to legal action and the assignment is subsequently withdrawn at the Public Authority s request. Please refer to Price Schedule for further details. Insurance Contracts have the following insurances: Public Liability Insurance for a sum of not less than $20,000,000 to cover any liabilities to the Principal. Professional Indemnity Insurance for an amount of not less than $10 million. Workers Compensation insurance for an amount of not less than $50 million. Finance will monitor the Contractor s compliance with this insurance requirement throughout the term of the contract. Department of Finance Page 10

11 Exemption from using this CUA Buyers Guide Debt Recovery Services CUA DRS2013A Finance is responsible for processing and approving all requests from public authorities seeking exemption from using a mandatory Common Use Arrangement (CUA). Requests for an exemption are considered on a case-by-case basis, and a requesting agency must be able to demonstrate that a business need cannot be adequately met by the relevant CUA. Exemption requests should be directed to either the Director Strategic Sourcing in the first instance. Requests for exemption may be received by posted letter or , but must be in writing and provide sufficient explanation and background to enable the request to be considered. The requesting officer should be the Accountable Authority or delegate of the agency. Complimentary Feedback and Complaints Resolution Finance aims to continuously improve the services it provides to Customers and welcomes feedback on the level of satisfaction experienced under this contract or with the Contractor(s) performance. If you are dissatisfied with the goods and/or service provided by the Contractor or have any specific concerns, these should be discussed in the first instance directly with the Contractor. If the problem or issue is not resolved to your satisfaction, please log your complaints via Finance's online Feedback Management System. The online system provides for both complimentary feedback and complaint resolution considerations. Department of Finance Page 11

12 NEED MORE INFORMATION? Appendices Buyers Guide Debt Recovery Services CUA DRS2013A Appendix 1: Price Schedule Appendix 2: Frequently Asked Questions Appendix 3: Pick and Buy Order Form Appendix 4: Accessing CUA Information Online Forms and Tools Contractors Details Pick and Buy Order Form Links to CUA information Government Contracts Directory ebook Still need more information? Contact the Contract Manager Department of Finance Page 12

13 APPENDIX 1: PRICE SCHEDULE Note: All commission rates and other charges stated are GST Inclusive. Contractor Insight Mercantile Pty Ltd National Credit Management Ltd Buyers Guide Debt Recovery Services CUA DRS2013A Baycorp (WA) Pty Ltd Trading as Repcol Debt Value/Category $0-$500 $501- $7,500 $ $25,000 Above $25,000 $0-$500 $501- $7,500 $ $25,000 Above $25,000 $0-$500 $501- $7,500 $ $25,000 Above $25,000 Vacated Housing Debts Housing Bond Assistance Debts 15% 12.5% 10% 10% 15% 15% 10% 10% 22% 20% 15% 13% 15% 10% 10% 10% 15% 15% 10% 10% 19% 17% 11% 9% Student Debts 15% 10% 10% 10% 15% 15% 10% 10% 22% 20% 15% 11% Hospital Patient Debts 9.5% 9.5% 9.5 % 9.5% 15% 15% 10% 10% 22% 20% 15% 11% General Debts 12% 12% 10% 10% 15% 15% 10% 10% 19% 17% 11% 9% General Overseas Debts Only 27% 27% 27% 27% 20% 20% 15% 15% 25% 25% 25% 25% Department of Finance Page 13

14 Other Costs Insight Mercantile Pty Ltd National Credit Management Limited Baycorp (WA) Pty Ltd Trading as Repcol Closure Fee (per debt) $2.20 $8.80 $20.00 Field Call (per call) Metro Metro (within 200km radius of Perth CBD) $66.00* Country (outside 200km radius of Perth CBD) $88.00* *These fees include up to 5 visits at the given address at alternative times Metro $66.00 Outer Metro/Country $110 Remote Contractor to advise of cost for approval before proceeding Metro $33.00 Regional Country $80.00 Field Call (per call) Overseas Contractor will advise of cost for approval before proceeding Contractor will advise of cost for approval before proceeding Contractor will advise of cost for approval before proceeding Skip Tracing WA + rest of Aust Included Basic - $38.50 Advanced - $82.50 Note that customer approval is required Included (where required) Department of Finance Page 14

15 Skip Tracing Overseas Contractor will advise of cost for approval before proceeding Contractor will advise of cost for approval before proceeding Contractor will advise of cost for approval before proceeding Searches $27.50 Business name searches $25.00 Land Title Searches $38.50 (for legal action only) Not Applicable Court Legal fees Court Scale Fees Court Scale Fees Nil for Contractor recommended action Court Legal fees Overseas Contractor to advise of cost for approval before proceeding Contractor to advise of cost for approval before proceeding As per cost Department of Finance Page 15

16 APPENDIX 2: FREQUENTLY ASKED QUESTIONS How are Intellectual Property Rights managed under this CUA? A: For this CUA, the Intellectual Property Rights in the New Material will be owned by the State unless you agree otherwise in your Order/Customer Contract. For further information, please contact the Contract Manager. Do I have the ability to negotiate a better price? Yes. Customers are able to negotiate lower commission rates and / or fees with the Contractor for large volumes of debt referred or for high individual debt values. Contractors may also lower their prices during the term of the contract. Do I have the ability to vary the standard specifications? Yes. Public Authorities with special and unique requirements may vary the specifications, such as reporting frequency, nonstandard work and mechanisms for varying prices. The Contract Manager may be consulted should a variation to the standard specification using your Pick and Buy Purchase Order be required. Am I required to use the Contractor s terms and conditions? No. The Contractor has agreed to the Conditions of Contract of CUA DRS2013A that incorporates the Department of Finance (Finance) General Conditions of Contract (August 2012) and Special Conditions of Contract. Do not agree or sign any alternative terms and conditions. I have not used debt recovery services in the past, how do I know whether this contract is suitable for my requirements? CUA DRS2013A provides an easy facility to recover debts that may have previously been written off. If you are unsure whether your debts are legally enforceable or if CUA DRS2013A is suited to your agency s requirements, please contact the CUA DRS2013A Contract Manager. Is there a designated value of debt where recovery is viable? Although it is not recommended that Public Authorities pursue the recovery of debt under $50, the choice to recover a particular debt is at the discretion of the Public Authorities and will depend on individual circumstances. Are the Contractors licensed as Debt Collection Agents? Yes. How do I know if the Contractor will provide me good services? All Contractors will meet or exceed, as a minimum, the quality of service specified in the CUA DRS2013A terms and conditions. All Contractors have good client references. However, there are some differences in service and pricing offers. For example, some contractors may offer additional features via their online services, and their pricing structure may favour certain debtor profiles in that you incur lower overall costs. It is recommended that you discuss with your potential Contractors and make an assessment as to which best meets your needs. Do I have to buy from this contract if I am purchasing from a regional location? Department of Finance Page 16

17 No. This CUA is only mandatory for Public Authorities in the Perth Region. If you are outside this region, you can apply regional purchasing discretion in accordance with the Government s Buy Local Policy. Do I need to get quotes? No. This CUA offers fixed prices for all services. Simply contact the contracted suppliers for the services you wish to order and complete the Pick and Buy Order Form. What happens if I need to purchase products/ services that are not available on this arrangement? You can purchase all debt recovery services from this contract. As such, it should not be necessary to purchase any additional services. In the instance that the service is not available on the CUA then the Public Authority must purchase in accordance with the relevant State Supply Commission policies. How does Finance manage the contract? The Contractor, at the end of every quarter, reports to Finance on the range of services provided to State Public Authorities to enable Finance to monitor the performance of the contract against the key performance indicators and their compliance with the terms and conditions of the contract. What do I do if I am unhappy with the service of a Contractor? Contact the Contractor and request a meeting to resolve the matter. Clearly outline the issue and request that the Contractor provide an explanation and commitment to resolve the matter. The Contract Manager may be contacted to facilitate the matter. For further information, please refer to the Complimentary Feedback and Complaints R esolution section. Can I receive updates about this contract, including any price changes? Yes. your details using the form to receive updates. How are Intellectual Property Rights managed under this CUA? For this CUA, the Intellectual Property Rights in the New Material will be owned by the State unless you agree otherwise in your Order/Customer Contract. For further information, please contact the Contract Manager. Department of Finance Page 17

18 APPENDIX 3: PICK AND BUY ORDER FORM (2 PAGES) BUYING PROCESS: Step 1 Customer discusses / negotiates with Contractor about service delivery and completes Part A. Step 2 Customer sends Pick and Buy Order form to Contractor. Step 3 Contractor completes Part B, returns signed Form to the Customer and sends a copy to the Finance Contract Manager. Step 4: Contractor delivers Services. PART A: REQUEST TO CONTRACTOR TO: (Name of Contractor and Contact Name) This Purchase Order incorporates the Department of Finance General Conditions of Contract (August 2012) and is in accordance with the Common Use Arrangement established under CUA DRS2013A. PUBLIC AUTHORITY DETAILS Name of Public Authority: Contact Person Name and Title: Section: Contact Details: Phone: Fax Authorised Purchaser Name Payment / Invoicing. [Advise of payment method, invoicing instructions] Invoices to be sent to: (Specify address and include contact name) Payment By Govt Purchasing Card SERVICE REQUEST Purchase Order Number (if necessary): YES NO (Tick appropriate box) Date: Department of Finance Page 18

19 Service Period: (i.e. Services required for the dates inclusive) Service Period Extension: From: Services Description (Please tick appropriate box) Vacated Housing Debts Housing Bond Assistance Debts Student Debts Hospital Patient Debts Overseas Debts Other Chargeable Costs $ (if applicable, please specify) Contract Price $ (Tick appropriate box) Attachments (to this Pick and Buy Purchase Order): Buyers Guide Debt Recovery Services CUA DRS2013A To: On expiration of Service Period, and provided that Customer are paying for the Services, the Contractor will continue to provide the Services on a month by month basis, until it is cancelled by the Customer on 30 days notice. If CUA DRS2013A expires or is terminated, all Services that are being provided will continue until the Principal directs otherwise on 30 days notice. As per contracted rates CUA DRS2013A YES (Details): General Debts (please give details) Other Debt Recovery Services (please specify) Rates as negotiated: (as attached) Others: Customer Requirements / Specifications. [List special customer requirements, eg. transition requirements, other alternative service levels negotiated with Contractor] List as required Special Requirements. Please note: It is advisable that Public Authorities consult with the Department of Finance Contract Manager before agreeing to any special terms and conditions to ensure compatibility with the DRS2013A CUA terms and conditions Interface Requirements. [Specify any interface requirements, address and location of contact person, acceptance requirements etc. agreed with Contractor] List as required Department of Finance Page 19

20 PART B: To: CONFIRMATION BY CONTRACTOR (List contact person name and name of Public Authority) Your Purchase Order has been confirmed Other details attached for your information see attachment. From: Contractor contact name Signature: Contractor name Customer ID for Web Access Web Access PIN Note: The Principal may modify this pro-forma from time to time. Department of Finance Page 20

21 APPENDIX 4: ACCESSING CUA INFORMATION ONLINE The options available to you to access CUA information including contracted prices, Contractor details and order forms will depend on the procurement system used in your Public Authority. Systems available to you could include Oracle or SAP. If you experience any difficulties locating CUA information, please call the Service Centre on Public Authorities with No Dedicated Procurement System If your Public Authority has no dedicated online procurement system, access the CUA information on ContractsWA. Department of Finance Page 21